History

The Fish and Game Council was created by Law in 1945 (N.J.S.A.13:1B-24) and succeeded the former Board of Fish and Game Commissioners. The Fish and Game Council was transferred to the Department of Conservation in 1948 and its powers were to be “exercised and performed through the Division of Fish and Game in the department.” The Division of Fish and Game was placed under the supervision of a director who was given the power to “administer the work of such Division under the direction and supervision of the commissioner.” The commissioner in turn was charged by the legislature with the responsibility for the administration of the work of the department, to appoint and remove officers and other personnel and to generally perform all of the executive functions necessary to administer the department.

Composition

This law established the composition of the Council as follows: three members of council shall be farmers, recommended to the Governor for appointment by the agricultural convention; six members shall be sportsmen, recommended to the Governor for appointment by the New Jersey State Federation of Sportsmen’s Clubs; and two members shall be commercial fishermen. One farmer representative and two sportsmen representatives in the council shall be chosen from among residents of any of the following counties – Bergen, Essex, Hudson, Morris, Passaic, Sussex and Warren; one farmer representative and two sportsmen representatives in the council shall be chosen from among residents of any of the following counties – Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset and Union; and one farmer representative and two sportsmen representatives shall be chosen from among residents of any of the following counties – Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester and Salem. With the creation of the Marine Fisheries Council in 1979, the commercial fishing representatives were replaced on the Fish and Game Council with the Chairman of the Endangered and Nongame Species Advisory Committee and a public member “knowledgeable in land use management and soil conservation practices.”

Powers and Duties

The Legislature has empowered the Fish and Game Council with the independent responsibility to adopt a Fish and Game Code for the purpose of providing a system for the protection and conservation of fish and game. In addition, the Council has been authorized to perform an advisory and recommendatory function in the development of comprehensive policies in this general area and to:

a. Consult with and advise the Commissioner and director of the Division of Fish and Wildlife with respect to the work of such Division.
b. Study the activities of the Division of Fish and Wildlife and hold hearings with respect thereto as it may deem necessary or desirable.
c. Report to the Governor and the Legislature annually, and at such other times as it may deem in the public interest with respect to its findings and conclusions.

The council appoints the director who is required to be a “person with special training and experience in wildlife management”. The council’s appointment is subject to the approval of the Governor and the director can only be removed by action of the Governor.

The sole responsibility for the executive administration of the Division of Fish and Wildlife has been placed in the Director of the Division subject to the direction and supervision of the Commissioner. Therefore, Council has no authority under the statutes to issue administrative or executive directives to either the commissioner or the director.

This analysis of the governing statutory provisions has been reinforced by a decision of the New Jersey Supreme Court in Humane Society, supra. Although the issue in that case was concerned with the composition and membership of the Council, the court had occasion to comment on its unique and specialized responsibilities:

“The Fish and Game Council is invested with certain regulatory powers aimed at protecting and developing an adequate supply of fish and game for recreational and commercial purposes. These powers are expressed primarily by the Council’s determinations as to when and where in the State hunting and fishing shall take place, and which freshwater fish, game birds, game animals, and fur bearing animals may be taken and in what numbers. The wildlife thus regulated is those animals which are the focus of the sports of hunting and fishing. In addition, the Council supervises a program of wildlife propagation, the expenses of which are supported by fees for hunting and fishing licenses paid for by sportsmen and commercial fishermen”

Therefore, the Council’s essential and primary responsibility as noted by the Supreme Court is aimed at protecting and developing an adequate supply of fish and game for recreational and commercial purposes. This limited responsibility is implemented through adoption of the Fish Code and the Game Code and in the development of comprehensive policies for the consideration of the Commissioner of Environmental Protection, the Governor and the Legislature.